Given the strains on the Arizona healthcare system during the COVID-19 public health emergency, we are working to answer your questions regarding the application of the Emergency Medical Treatment and Labor Act (EMTALA).
AzHHA commissioned Coppersmith Brockelman’s Health Care Practice Group to update the EMTALA Manual and we are pleased to share the 2022 edition to assist you with nuanced protocol including COVID-19 testing in the emergency department and interfacility patient transfers.
This manual is available to Arizona hospitals to provide practical education and recommendations to improve EMTALA compliance. As the federal penalties for violating EMTALA are severe, including civil monetary penalties, exclusion from the Medicare program, and potential exclusion from other federal healthcare programs, it is essential that hospitals continue to comply with their EMTALA obligations.
AzHHA offers the 2022 EMTALA Manual to those signing its License Agreement.
LICENSE AGREEMENT
IMPORTANT: READ THIS LICENSE AGREEMENT (“LICENSE”) CAREFULLY. THIS LICENSE SETS OUT THE TERMS FOR YOUR ORGANIZATION’S USE OF THE AzHHA EMTALA MANUAL 2022 EDITION (“EMTALA MANUAL”). BY SIGNING BELOW, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS BELOW, COPPERSMITH BROCKELMAN PLC (“CB”) CANNOT PROVIDE YOU A LICENSE TO USE THE EMTALA MANUAL.
1.LICENSE. This License Agreement authorizes you to use the EMTALA Manual within your organization only. You may not provide the EMTALA Manual or documents contained in the EMTALA Manual to any third party outside your organization without advance written permission from CB.
2.OWNERSHIP. The EMTALA Manual is licensed, not sold. CB owns all title and copyrights in and to the EMTALA Manual, any accompanying printed materials, and any copies of the EMTALA Manual. You may not rent or lease the EMTALA Manual or transfer rights under this License to any other party, without CB’s prior written consent. CB may terminate this License if you fail to comply with its terms; if so, you must destroy or return to CB all copies of the EMTALA Manual and all component parts.
3.NO WARRANTY; EXCLUSIVE REMEDY. The EMTALA Manual is provided on an “AS IS” basis and without warranty of any kind. CB and the Arizona Hospital and Healthcare Association (AzHHA), which provides access to the EMTALA Manual, disclaim all warranties, either express or implied, including (but not limited to) implied warranties of merchantability and fitness for a particular purpose. CB’s and AzHHA’s entire liability and your exclusive remedy shall be, at CB’s option, either (a) return of the price paid, or (b) repair or replacement of the EMTALA Manual returned with proof of payment. To the extent permitted by law, CB and AzHHA are not liable for any damages, even if advised of the possibility of damages.
4.DISCLAIMER. The EMTALA Manual includes information that may be subject to change. CB and AzHHA have no obligation to update or amend the information. The EMTALA Manual is intended to serve only as a practical guide and provide general information. CB and AzHHA are not rendering legal or other professional advice through the EMTALA Manual. If you require legal advice or other expert assistance, you should seek the services of an appropriate professional.
5.MISCELLANEOUS. Arizona law governs this License. In disputes arising out this License or the EMTALA Manual, courts in Maricopa County, Arizona, shall have exclusive jurisdiction and venue. The invalidity or unenforceability of any provision of this License shall not affect the other provisions, which shall be construed as if such invalid provisions were omitted. The individual signing below represents and warrants that he/she has the requisite authority to sign this License and legally bind the organization to the terms of this License.